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Plan of abandoned mine.
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38.—(1)[1]
Where any mine or seam is abandoned, the person who is owner of the mine or seam at the time of its abandonment shall, within three months after the abandonment, send to a Secretary of State:
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(i) An accurate plan of the mine or seam, being either the original working plan or an accurate copy thereof made by a competent draughtsman, and showing—
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(a) the boundaries of the workings of the mine or seam, including not only the working faces, but also all headings in advance thereof, up to the time of the abandonment;
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(b) the pillars of coal or other mineral remaining unworked;
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(c) the position, direction, and extent of every known fault or dislocation of the seam with its vertical throw;
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(d) the position of the workings with regard to the surface boundary;
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(e) the general direction and rate of dip of the strata; and
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(f) a statement of the depth of the shaft from the surface to the seam abandoned; and
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(ii) A section of the strata sunk through, or, if that is not reasonably practicable, a statement of the depth of the shaft with a section of the seam.
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Every such plan must be on a scale of not less than that of the Ordnance survey of twenty-five inches to the mile, or on the same scale as the plan used at the mine at the time of its abandonment, and its accuracy must be certified, so far as is reasonably practicable, by a surveyor or other person approved in that behalf by an inspector of mines.
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(2)[1]
The plan and section shall be preserved under the care of the Secretary of State, but no person, except an inspector under this Act, shall be entitled without the consent of the owner of the mine or seam, or the licence of a Secretary of State, to see the plan when so sent until after the expiration of ten years from the time of the abandonment: Provided that such licence shall not be granted unless the Secretary of State is satisfied that the inspection of such plan is necessary in the interests of safety.[1]
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(3) The owner aforesaid shall also, within three months of the abandonment of the mine or seam, send to the inspector of the district, on behalf of a Secretary of State, a correct return specifying, with respect to the period which has elapsed since the expiration of the year covered by the last annual return made under this Act, the particulars required in that return; and the provisions of this Act with respect to the said annual return shall apply to the return so sent.
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(4) If the owner of a mine or seam fails to comply with this section, he shall be guilty of an offence against this Act, and be liable to a fine not exceeding thirty pounds.
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(5) A complaint or information of an offence under this section may be made or laid at any time within six months after abandonment of the mine or seam, or after service on the owner aforesaid of a notice to comply with the requirements of this section, whichever last happens.
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Inspection.
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[1 Substituted by 59 & 60 Vict. c. 43, s. 4 (1).]
[1 Substituted by 59 & 60 Vict. c. 43, s. 4 (1).]
[1 For power to compel production of any plan or section of an abandoned mine or seam, see 59 & 60 Vict. c. 43, s. 4 (2).] |
